Felony Police Evading

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OUTCOME: Reduced To Misdemeanor

Favorable jail alternative and preservation of driver's license.

RESISTING ARREST & DRUNK IN PUBLIC

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OUTCOME: DISMISSED & RECORD EXPUNGED

$10,646,446 Wrongful Death Jury Verdict

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OUTCOME: $10,646,446 Wrongful Death Judgment

On Oct. 16, 2009, plaintiffs’ decedent Maria Flores, 36, a homemaker, stopped to make a left turn from Gravenstein Highway, also known as Highway 116, onto Madrone Avenue in Cotati to pick up her siste ... r’s children at Thomas Page Elementary School. As she was waiting for gap in traffic so that she could make her turn, Flores was rear-ended by a vehicle operated by Gilbert Freeth. The impact pushed Flores’ Honda into the path of an 18-wheeler truck, causing the Honda to be crushed and killing Flores. The decedent’s husband, Jaime Flores Aguilar, who was acting individually, as successor-in-interest and representative of his wife’s estate, and as guardian of their three minor children, Natalie Flores Chavez, Julia Flores Chavez, and Josue Flores Chavez, sued Freeth and the state of California. Flores Aguilar alleged that Freeth was negligent in the operation of his vehicle and that the state was negligent for failing to address a dangerous condition at that intersection. INJURIES/DAMAGES death; loss of parental guidance; loss of society Maria Flores sustained multiple traumatic injuries when her vehicle was crushed by the tractor-trailer. As a result, she died from her injuries. She was 36. Flores is survived by her husband and three minor children, consisting of two daughters and a son. Flores’ family sought recovery of economic damages for their loss of household services, which were provided by the decedent. They also sought recovery of wrongful death damages for their loss of the descent’s love, support, guidance and comfort.

$5,268,000 CALTRANS Serious Auto Accident

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OUTCOME: $5.268 Million Mediation Settlement against CalTrans (2014)

March 31, 2014, we succeeded in our settlement efforts at JAMS in San Francisco to get our clients compensated in the amount of $5.268 million. Making a major difference in the lives of the firm's clie ... nts is a driving force that makes all of the work efforts worthwhile! After the second mediation at JAMS in San Francisco against the defendant, the State of California Department of Transportation (CalTrans), and with the tremendous assistance of retired California Supreme Court Justice Edward A. Panelli, Co-Counsel Tad Shapiro and Fiumara Law prevailed in a $5.268 million settlement for our injured plaintiff. It was a long road, since the accident occurred on March 20, 2011, a little over three years ago. It feels good to get great results for appreciative and deserving clients. More details to come this week. JAMS is the largest private alternative dispute resolution (ADR) provider in the world. With its prestigious panel of neutrals, JAMS specializes in mediating and arbitrating complex, multi-party, business/commercial cases – those in which the choice of neutral is crucial.

$5,020,000 Child Molestation/Church Abuse

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OUTCOME: $5 Million Catholic Church Sexual Abuse Settlement

This claim for personal injury damages was brought on behalf of a group of nine plaintiffs in a case against the Archdiocese of Santa Rosa, involving claims of sexual molestation perpetrated on a group ... of young men by a Roman Catholic priest. The offending acts allegedly occurred between 1984 and 2006. Of the nine plaintiffs, three were minors at the time our this firm’s representation. The case was litigated from approximately October 2006 until September 2007 when an agreement was reached with the church. The settlement, which is not confidential, was for $5,020,000. The nine plaintiffs all suffered emotional and traumatic emotional distress and, in some cases, post-traumatic distress disorder from, in some cases, the many years of abuse by former priest, Xavier Ochoa-Perez, who is also known as Francisco Xavier Ochoa, whom is believed to have fled to Mexico in May 2006. This priest is sought on a non-bail federal arrest warrant alleging unlawful flight to avoid prosecution on 10 felonies, including lewd acts with a child, forcible sodomy, and oral copulation, which were all alleged in the complaint. The lawsuit accused the Diocese and particularly Bishop Walsh of failing to protect the plaintiffs as minors from incidence of sexual abuse spanning over two decades, even though his tenure did not begin until rather recently. Diocesan officials new of the alleged sexual misconduct, but failed to act to stop Ochoa-Perez, according to the allegations in the complaint. The victims who were finally compensated were, at the time of the settlement, between the ages of 11 and 34 years old and include former altar boys. The incidence occurred in Ochoa-Perez’s living quarters, in the various church rectories and properties, as well as the children’s homes from approximately 1985 up until May 2006.

JUVENILE WAS CHARGED WITH A FELONY DRUG AND WEAPONS VIOLATION WITH SEVERAL GANG ENHANCEMENTS

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OUTCOME: RESOLVED by Deferred Entry of Judgment, alternative to jail. RECORD EXPUNGED

FELONY POSSESSION OF A CONCEALED WEAPON

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OUTCOME: ALL CHARGES WERE DISMISSED